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Old 02-25-2013, 11:39 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,206,745 times
Reputation: 7338

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Quote:
Originally Posted by agw123 View Post
No, an unsigned ticket is not a proper summons. Its because the officer swears that he witnessed the infraction under penalty of perjury. If its unsigned its not legal
Read OBH's post that I answered.

That's not what the woman at the court told her when she called to inquire about it.
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Old 02-25-2013, 11:49 AM
 
3,461 posts, read 5,655,963 times
Reputation: 2442
Quote:
Originally Posted by I_Love_LI_but View Post
Read OBH's post that I answered.

That's not what the woman at the court told her when she called to inquire about it.
Are you going to trust the person who answered the phone or what is written in the NYS Vehicle and Traffic Law?

Paraphrasing the VTL:

Defective tickets will be dismissed even if you are caught dead to rights. A ticket is defective when a required element under the law is missing, misdescribed, or illegible. When a ticket is disputed, the judge should review the ticket for these defects and dismiss them automatically, but it's always helpful to point them out. Some necessary elements are [1] License Plate Number; [2] Vehicle Description; [3] Accurate and Detailed Description of the Location (must say whether its in front of the address given or across the street from it); [4] Name of the Enforcement Officer; and [5] the Signature of the Officer
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Old 02-25-2013, 11:51 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,206,745 times
Reputation: 7338
Quote:
Originally Posted by agw123 View Post
Are you going to trust the person who answered the phone or what is written in the NYS Vehicle and Traffic Law?

Paraphrasing the VTL:

Defective tickets will be dismissed even if you are caught dead to rights. A ticket is defective when a required element under the law is missing, misdescribed, or illegible. When a ticket is disputed, the judge should review the ticket for these defects and dismiss them automatically, but it's always helpful to point them out. Some necessary elements are [1] License Plate Number; [2] Vehicle Description; [3] Accurate and Detailed Description of the Location (must say whether its in front of the address given or across the street from it); [4] Name of the Enforcement Officer; and [5] the Signature of the Officer
I'm not the person who got the ticket, but thanks, this is good information for the future if it ever happens to me.
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Old 02-25-2013, 11:57 AM
 
Location: Inis Fada
16,966 posts, read 34,592,688 times
Reputation: 7722
Quote:
Originally Posted by Quick Commenter View Post
Doesn't your son know?

Beyond this, you may have jumped to conclusions based on some urban legends about this being a 'defective ticket'.

And SCPD is his 'accuser' in this case.
What are you asking about? Your reply was to:
Quote:
Originally Posted by OhBeeHave
Kindly tell me how they know whether a student is 1) in class or 2) using the LIRR?


Sent from my SAMSUNG-SGH-I747 using Tapatalk 2
My son wouldn't know whether the person issuing the summons knew whether he was in class or using the LIRR. If you're referring to the agency which ticketed him, it was unclear as that was blank on the ticket, and as none of us have ever received a parking ticket in Suffolk, we had no idea.

As for the accuser -- while yes, SCPD is the accuser, the summons proper has a portion in which the Agent of the SCPD (a.k.a. the complainant) is required to enter the following: Complainant (Print rank/officer's name/shield no.), Squad/Unit, Com/Pltn, NCIC, Officer's ID/Employee No., and Police Agen.; I've retyped this verbatim from the summons. This was the portion left completely blank.

In general: while I believed it was a legitimate summons, I also wondered whether or not there was such a thing as a defective ticket.
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Old 02-25-2013, 12:06 PM
 
Location: Inis Fada
16,966 posts, read 34,592,688 times
Reputation: 7722
Quote:
Originally Posted by agw123 View Post
Are you going to trust the person who answered the phone or what is written in the NYS Vehicle and Traffic Law?

Paraphrasing the VTL:

Defective tickets will be dismissed even if you are caught dead to rights. A ticket is defective when a required element under the law is missing, misdescribed, or illegible. When a ticket is disputed, the judge should review the ticket for these defects and dismiss them automatically, but it's always helpful to point them out. Some necessary elements are [1] License Plate Number; [2] Vehicle Description; [3] Accurate and Detailed Description of the Location (must say whether its in front of the address given or across the street from it); [4] Name of the Enforcement Officer; and [5] the Signature of the Officer
What section is this under?

Thanks!
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Old 02-25-2013, 12:32 PM
 
Location: Smithtown, NY
1,724 posts, read 4,018,897 times
Reputation: 1346
The million $$ question is what information is missing from the original or hard copy?
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Old 02-25-2013, 03:22 PM
 
186 posts, read 524,490 times
Reputation: 139
Default looking good

Quote:
Originally Posted by OhBeeHave View Post
Look at what the SCPD is making and get back to me.

The officer left the bottom of the summons blank and omitted the fine. Perhaps it wasn't on purpose; perhaps it was ineptitude. Which is better: vindictive or inept?

The summons is legible. The top part of the ticket -- location, date, offense, etc. -- is very clear despite the ticket having been wet. It's the bottom portion where all the PD info should have gone which is completely blank, as well as the line in which the fine amount should have appeared. The woman at the traffic court was all set to look up the ticket in the computer in her effort to help resolve this, but it was not yet in the system. When I asked about the 'defective ticket' people brought up on the page, she said that many people ask about it and that it isn't true.

How does being a regular mean I am good at chastising people? Please show me all the recent posts in which I've chastised people. Any newbie could tell I am a regular by my post count. This leads me to suspect that you have posted here under a different screen name and I might or might not have stepped on your toes.

Do you pay taxes in Suffolk? Ever checked out seethroughny? Suffolk County could hire Brownies for a lot less money and have them scour the lots and write out tickets. Level 1 Traffic Enforcement Agents (those who write tickets) in NYC start at $29,217 and after 2 years are earning $33,600 (NYC Gov website) SCPD Starting salary is $42,000.00 ($57,811 after one year). After five years base salary is $108,608.00.

So tell me -- as a taxpayer HOW am I thinking? After 5 years a 'Brownie' will be making about 1/3 the SCPD officer will be making. Who is overpaid to write tickets?

I'm happy to see you so worked up over this. Your never wrong. you got a ticket. if you can't figure it out wait until you get a second notice then pay it.
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Old 02-25-2013, 05:50 PM
 
3,461 posts, read 5,655,963 times
Reputation: 2442
Quote:
Originally Posted by OhBeeHave View Post
What section is this under?

Thanks!
Its a paraphrase from a website that deals with traffic tickets. Loading/reading thru the VTL is time consuming.

For the record, I have won defective tickets (albeit in NYC) for things like a wrong plate written down, wrong registration (PAS vs SUBN)
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Old 02-25-2013, 07:30 PM
 
69 posts, read 92,927 times
Reputation: 46
Quote:
Originally Posted by agw123 View Post
Its a paraphrase from a website that deals with traffic tickets. Loading/reading thru the VTL is time consuming.

For the record, I have won defective tickets (albeit in NYC) for things like a wrong plate written down, wrong registration (PAS vs SUBN)
I think most of what you posted pertains to NYC VTL. I skimmed the relevant parts of NYS VTL and there is no clear-cut "smoking gun" (that I could find) you could walk into court with to have it dismissed. Whereas NYC VTL specifically states criteria for defective tickets.
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Old 02-26-2013, 04:01 AM
 
5,010 posts, read 3,909,772 times
Reputation: 3611
Quote:
Originally Posted by OhBeeHave View Post
What are you asking about? Your reply was to:


My son wouldn't know whether the person issuing the summons knew whether he was in class or using the LIRR. If you're referring to the agency which ticketed him, it was unclear as that was blank on the ticket, and as none of us have ever received a parking ticket in Suffolk, we had no idea.

As for the accuser -- while yes, SCPD is the accuser, the summons proper has a portion in which the Agent of the SCPD (a.k.a. the complainant) is required to enter the following: Complainant (Print rank/officer's name/shield no.), Squad/Unit, Com/Pltn, NCIC, Officer's ID/Employee No., and Police Agen.; I've retyped this verbatim from the summons. This was the portion left completely blank.

In general: while I believed it was a legitimate summons, I also wondered whether or not there was such a thing as a defective ticket.
Doesn't your son know whether he was in class or using the LIRR? Apparently he was parkng in the wrong lot. Tell him not to park there anymore whether or not you can determne if the police knew he was parking in the wrong lot. In the same manner as you told him to get his car inspected whether or not he can read each part of the ticket.
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